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Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations)
of 30 March 1911 (Status as of 9 February 2023)
Art. 939
III.Organisational defects
1 If the commercial register office identifies defects in the organisational aspects required by law of trading companies, cooperatives, associations, foundations not subject to supervision or branch offices with principal place of business abroad that are entered in the commercial register, it shall request the legal entity concerned to rectify the defect, and fix a deadline for doing so.
2 If the defect is not rectified not within the deadline, the office shall refer the matter to the court. The court shall take the required measures.
3 In the case of foundations and legal entities that are subject to supervision under the Collective Investment Schemes Act of 23 June 2006760, the matter shall be referred to the supervisory authority.